IN RE: RICHARD FOULKES,
Protest Decision 2001 EAD 261
Issued: March 26, 2001
OEA Case No. PR032113WE
Richard Foulkes, a member of Local Union 741, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). He alleges that he was denied access to the bulletin board at Oak Harbor Freight's Mountlake Terrace, Washington facility, in violation of Article VII, Section 11(d) of the Rules.
Election Administrator representative Paige Keys investigated the protest.
The bulletin board in question is inside a locked cabinet. The shop steward at the facility does not have a key. Foulkes states that he made numerous phone calls to Local 741 secretary-treasurer Jose Gasca, to ask that the steward be given a key. Foulkes says the calls were not returned. Foulkes alleges that his lack of access to the bulletin board is due to his status as an opponent to business agent Ken Thompson and Gasca relative Roger Pardo in Local 741's delegate election.
Gasca claims he has no key to the bulletin board, and that local union representatives always "broke into the box" to get to it. He thinks the former secretary/treasurer might have a key. The terminal manager at the facility also has no key. Thompson says the lock is not tight, and that it opens when one places his fingers between the cover and the back of the case.
Gasca agrees the above does not provide adequate access to the bulletin board, and that it needs to be re-keyed or replaced. We have accordingly obtained the agreement of the employer and the local to hire a locksmith at the local's expense to make the necessary repairs. Candidate access to the bulletin board will thereafter be provided.
Accordingly, we deem this protest RESOLVED for purposes of any present remedial action. However, the protestor may submit evidence to the Election Administrator within three (3) working days of the posting of the official election tally sheet in support of any claim that the conduct that is the subject of this protest affected the results of the election.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was
not presented to the Office of the Election Administrator in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: 212-751-4864
Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street NW, Tenth Floor, Washington, DC 20005 (fax: 202-454-1501), all within the time prescribed above. A copy of the protest must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
2001 EAD 261
DISTRIBUTION LIST VIA UPS NEXT DAY AIR:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
IBT Local 741
552 Denny Way
Seattle, WA 98109
Richard Foulkes
P.O. Box 2147
Vashon Island, WA 98070
Bill Holtz
Terminal Manager
Oak Harbor Freight Lines
6203 215th St. SW
Mountlake Terrace, WA 98043
Paige Keys
12523 SE 164th Place
Bellevue, WA 98006
Christine Mrak
2357 Hobart Avenue SW
Seattle, WA 98116